Drainage assessment against non-watershed lands reduced to zero as watershed owners must provide sufficient outlet.
The appellants appealed their assessment for the repair and improvement of the Gordon Smith Drain.
Their lands, located outside the drain's watershed, experienced flooding due to backup flows from the Ruscom River overtopping the drain's banks.
The engineer had assessed them a Cutoff Benefit for the proposed control structure.
The Tribunal held that the duty to provide a sufficient outlet rests entirely on the assessed owners within the watershed.
Since the flooding was caused by an insufficient outlet, the costs to remedy it must be borne by the watershed owners.
The appeal was allowed and the appellants' assessments were reduced to zero.
Bruce Armstrong, Edwin Armstrong and William A. Olson v. Township of Rochester, 1994 ONAFRAAT 5